Overview
The complainant (Mr C) lives in a conservation area in an East Lothian town. His complaint concerned what he considered to be an inadequate response by East Lothian Council (the Council) to his complaints about nuisance from noise from an adjacent children's day care nursery.
Specific complaint and conclusion
The complaint which has been investigated is that the Council have failed to carry out their duties under the Environmental Protection Act 1990, to detect, investigate and take appropriate action in respect of a noise nuisance emanating from an adjacent children's nursery (partially upheld).
Redress and Recommendation
The Ombudsman recommends that the Council's Environment Department agree with Mr C and his wife an appropriate regime of noise monitoring from the curtilage of their home over the summer months of 2009 to establish whether or not the noise levels they are experiencing constitute a statutory noise nuisance and, if so, seek instructions from the Council as to further action.
The Council have accepted the recommendation and will act on it accordingly.